LinuxByte » 开源协议 http://www.linuxbyte.org 一个Linux Blog Thu, 26 Jan 2012 08:13:08 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 MOZILLA PUBLIC LICENSE http://www.linuxbyte.org/mozilla-public-license.html http://www.linuxbyte.org/mozilla-public-license.html#comments Fri, 09 May 2008 10:38:18 +0000 xiao H http://www.linuxbyte.org/?p=139 MOZILLA PUBLIC LICENSE Version 1.1 1. Definitions. 1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party. 1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications. 1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor. 1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof. 1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data. 1.5. "Executable" means Covered Code in any form other than Source Code. 1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. 1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. 1.8. "License" means this document. 1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. 1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. B. Any new file that contains any part of the Original Code or previous Modifications. 1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License. 1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor. 1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge. 1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. 2. Source Code License. 2.1. The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and (b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof). (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License. (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices. 2.2. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code. (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor. 3. Distribution Obligations. 3.1. Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5. 3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party. 3.3. Description of Modifications. You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code. 3.4. Intellectual Property Matters (a) Third Party Claims. If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained. (b) Contributor APIs. If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file. (c) Representations. Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License. 3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer. 3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. 3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code. 4. Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it. 5. Application of this License. This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code. 6. Versions of the License. 6.1. New Versions. Netscape Communications Corporation ("Netscape") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. 6.2. Effect of New Versions. Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License. 6.3. Derivative Works. If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.) 7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 8. TERMINATION. 8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that: (a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above. (b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant. 8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license. 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination. 9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein. 11. MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. 12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. 13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the NPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A. EXHIBIT A -Mozilla Public License. ``The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/ Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. The Original Code is ______________________________________. The Initial Developer of the Original Code is ________________________. Portions created by ______________________ are Copyright (C) ______ _______________________. All Rights Reserved. Contributor(s): ______________________________________. Alternatively, the contents of this file may be used under the terms of the _____ license (the "[___] License"), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [___] License." [NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]

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]]> http://www.linuxbyte.org/mozilla-public-license.html/feed 0 GNU GENERAL PUBLIC LICENSE Version 2 (en) http://www.linuxbyte.org/gnu-gpl-v2-en.html http://www.linuxbyte.org/gnu-gpl-v2-en.html#comments Sun, 17 Feb 2008 13:26:02 +0000 xiao H http://www.linuxbyte.org/gnu-gpl-v2-en GNU GENERAL PUBLIC LICENSE
Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
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Preamble

The licenses for most software are designed to take away your
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To protect your rights, we need to make restrictions that forbid
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We protect your rights with two steps: (1) copyright the software, and
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GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains
a notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The “Program”, below,
refers to any such program or work, and a “work based on the Program”
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Activities other than copying, distribution and modification are not
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Whether that is true depends on what the Program does.

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These requirements apply to the modified work as a whole. If
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a) Accompany it with the complete corresponding machine-readable
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c) Accompany it with the information you received as to the offer
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The source code for a work means the preferred form of the work for
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9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.

Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and “any
later version”, you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.

10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the “copyright” line and a pointer to where the full notice is found.


Copyright (C)

This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.

This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.

You should have received a copy of the GNU General Public License along
with this program; if not, write to the Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:

Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w’.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c’ for details.

The hypothetical commands `show w’ and `show c’ should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w’ and `show c’; they could even be
mouse-clicks or menu items–whatever suits your program.

You should also get your employer (if you work as a programmer) or your
school, if any, to sign a “copyright disclaimer” for the program, if
necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision’ (which makes passes at compilers) written by James Hacker.

, 1 April 1989
Ty Coon, President of Vice

This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License.

该协议的中文版
http://www.linuxbyte.org/gnu-gpl-v2-zh

与本文关系暧昧的文字

© xiao H for LinuxByte, 2008
Source: GNU GENERAL PUBLIC LICENSE Version 2 (en)
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]]> http://www.linuxbyte.org/gnu-gpl-v2-en.html/feed 0 GNU GENERAL PUBLIC LICENSE Version 2 http://www.linuxbyte.org/gnu-gpl-v2-zh.html http://www.linuxbyte.org/gnu-gpl-v2-zh.html#comments Sun, 17 Feb 2008 13:20:41 +0000 xiao H http://www.linuxbyte.org/gnu-gpl-v2-zh 声明
　　This is an unofficial translation of the GNU General Public License into Chinese. It was not published by the Free Software Foundation, and does not legally state the distribution terms for software that uses the GNU GPL–only the original English text of the GNU GPL does that. However, we hope that this translation will help Chinese speakers understand the GNU GPL better.

　　这是一份 GNU 通用公共授权非正式的中文翻译。它并非由自由软件基金会所发表，亦非使用 GNU 通用公共授权的软件的法定散布条款——只有 GNU 通用公共授权英文原文的版本始具有此等效力。然而，我们希望这份翻译能帮助中文的使用者更了解 GNU 通用公共授权。

前言
　　大多数软件授权声明是设计用以剥夺您分享与修改软件的自由。相反地，GNU通用公共授权力图保证您分享与修改自由软件的自由—确保软件对所有的 使用者而言都是自由的。通用公共授权适用于大多数自由软件基金会的软件，以及任何作者指定使用本授权的其他软件。（有些自由软件基金会的软件，则适用 GNU函数库通用公共授权规定。）您也可以让您的软件适用本授权规定。

　　当我们在谈论自由软件时，我们所指的是自由，而非价格。我们的通用公共授权系设计用以确保使您保有散布自由软件重制物的自由（以及您可以决定此 一服务是否收费），确保您能收到源码或者在您需要时便能得到它，确保您能变更软件或将它的一部分用于新的自由软件；并且确保您知道您可以从事上述的事情。

　　为了保障您的权利，我们需要作出限制：禁止任何人否认您上述的权利，或者要求您放弃这些权利。如果您散布软件的副本，或者对之加以修改，这些限制就转化成为您的责任。

　　例如，假如您散布此类程序的副本，无论是免费或收取费用，您必须将您所享有的一切权利交付收受者。您也必须确保他们能收到或得到源码。而且您必须向他们展示这些条款的内容，使他们知悉他们所享有的权利。

　　我们采取两项措施来保护您的权利：(1)以著作权保护软件，以及(2)提供您本授权，赋与您复制、散布及／或修改软件的法律许可。

　　同时，为了保护作者与我们（按：指自由软件基金会），我们希望确定每个人都明了，自由软件是没有担保责任的。如果软件被他人修改并加以传递，我们需要其收受者知道，他们所得到的并非原软件，因此由他人所引出的任何问题对原作者的声誉将不会有任何的影响。

　　最后，所有自由软件不断地受到软件专利的威胁。我们希望能避免自由软件的再散布者以个人名义取得专利授权而使程序专有化的风险。为了防止上述的情事发生，我们在此明确声明：任何专利都必须为了每个人的自由使用而核准，否则就不应授与专利。

　　以下是有关复制、散布及修改的明确条款及条件。

复制、散布与修改的条款与条件
　　0.凡著作权人在其程序或其他著作中声明，该程序或著作得在通用公共授权条款下散布，本授权对其均有适用。以下所称的“本程序”，系指任何一种 适用通用公共授权的程序或著作；“基于本程序所生的著作”，则指本程序或任何基于著作权法所产生的衍生著作，换言之，系指包含本程序全部或一部的著作，不 论是完整的或经过修改的程序，以及（或）翻译成其他语言的程序（以下“修改”一词包括但不限于翻译行为在内）。被授权人则称为“您”。

　　本授权不适用于复制、散布与修改以外的行为；这些行为不在本授权范围内。执行本程序的行为并不受限制，而本程序的输出只有在其内容构成基于本程 序所生的著作（而非只是因为执行本程序所造成）时，始受本授权拘束。至于程序的输出内容是否构成本程序的衍生著作，则取决于本程序的具体用途。

　　1.您可以对所收受的本程序源码，无论以何种媒介，复制与散布其完整的重制物，然而您必须符合以下要件：以显著及适当的方式在每一份重制物上发 布适当的著作权标示及无担保声明；维持所有有关本授权以及无担保声明的原貌；并将本授权的副本连同本程序一并交付予其他任一位本程序的收受者。

　　您可以对让与重制物的实际行为请求一定的费用，您也可以自由决定是否提供担保以作为对价的交换。

　　2.您可以修改本程序的一个或数个重制物或者本程序的任何部份，以此形成基于本程序所生的著作，并依前述第一条规定，复制与散布此一修改过的程序或著作，但您必须符合以下要件：

　　(a)您必须在所修改的文件上附加显著的标示，叙明您修改过这些文件，以及修改日期。
　　(b)您必须就您所散布或发行的著作，无论是包含本程序全部或一部的著作，或者是自本程序或其任何部份所衍生的著作，整体授权所有第三人依本授权规定使用，且不得因此项授权行为而收取任何费用。
　　(c)若经过修改的程序在执行时通常以互动方式读取命令时，您必须在最常被使用的方式下，于开始进入这种互动式使用时，列印或展示以下宣告：适当的著 作权标示及无担保声明（或者声明您提供担保）、使用者可以依这些条件再散布此程序，以及告知使用者如何浏览本授权的副本。（例外：若本程序本身系以互动的 方式执行，然而通常却不会列印该宣告时，则您基于本程序所生的著作便无需列印该宣告。）
　　这些要求对修改过的著作是整体适用的。倘著作中可识别的一部份并非衍生自本程序，并且可以合理地认为是一独立的、个别的著作，则当您将其作为个别著作 加以散布时，本授权及其条款将不适用于该部分。然而当您将上述部分，作为基于本程序所生著作的一部而散布时，整个著作的散布必须符合本授权条款的规定，而 本授权对于其他被授权人所为的许可及于著作整体。
　　因此，本条规定的意图不在于主张或剥夺您对于完全由您所完成著作的权利；应该说，本条规定意在行使对基于程序所生的之衍生著作或集合著作散布行为的控制权。
　　此外，非基于本程序所生的其他著作与本程序（或基于本程序所生的著作）在同一储存或散布的媒介上的单纯聚集行为，并不会使该著作因此受本授权条款拘束。

　　3.您可以依前述第一、二条规定，复制与散布本程序（或第二条所述基于本程序所产生的著作）的目的码或可执行形式，但您必须符合以下要件：
　　(a)附上完整、相对应的机器可判读源码，而这些源码必须依前述第一、二条规定在经常用以作为软件交换的媒介物上散布；或
　　(b)附上至少三年有效的书面报价文件，提供任何第三人在支付不超过实际散布源码所需成本的费用下，取得相同源码的完整机器可读重制物，并依前述第一、二条规定在经常用以作为软件交换的媒介物上散布该重制物；或
　　(c)附上您所收受有关散布相同源码的报价信息。（本项选择仅在非营利散布、且仅在您依前述b项方式自该书面报价文件收受程序目的码或可执行形式时，始有适用。）
　　 著作的源码，是指对著作进行修改时适用的形式。对于一个可执行的著作而言，完整的源码是指著作中所包含所有模组的全部源码，加上相关接口的定义档，还加上用以控制该著作编绎与安装的描述。然而，特别的例外情况是，所散布的源码并不需包含任何通常会随着所执行作业系统的主要组成部分（编译器、核心等等）而散 布的软件（无论以源码或二进位格式），除非该部分本身即附加在可执行程序中。
　　若可执行码或目的码的散布方式，是以指定的地点提供存取位置供人复制，则提供可自相同地点复制源码的使用机会，视同对于源码的散布，然而第三人并不因此而负有将目的码连同源码一并复制的义务。

　　4.除本授权所明示的方式外，您不得对本程序加以复制、修改、再授权或散布。任何试图以其他方式进行复制、修改、再授权或者散布本程序的行为均为无效，并且将自动终止您基于本授权所得享有的权利。然而，依本授权规定自您手中收受重制物或权利之人，只要遵守本授权规定，他们所获得的授权并不会因此 终止。

　　5.因为您并未在本授权上签名，所以您无须接受本授权。然而，除此之外您别无其他修改或散布本程序或其衍生著作的授权许可。若您不接受本授权，则这些行为在法律上都是被禁止的。因此，藉由对本程序（或任何基于本程序所生的著作）的修改或散布行为，您表示了对于本授权的接受，以及接受所有关于复 制、散布或修改本程序或基于本程序所生著作的条款与条件。

　　6.每当您再散布本程序（或任何基于本程序所生的著作）时，收受者即自动获得原授权人所授予依本授权条款与条件复制、散布或修改本程序的权利。您不得就本授权所赋予收受者行使的权利附加任何进一步的限制。您对于第三人是否履行本授权一事，无须负责。

　　7.若法院判决、专利侵权主张或者其他任何理由（不限于专利争议）的结果，使得加诸于您的条件（无论是由法院命令、协议或其他方式造成）与本授 权规定有所冲突，他们并不免除您对于本授权规定的遵守。若您无法同时符合依本授权所生义务及其他相关义务而进行散布，那么其结果便是您不得散布该程序。例 如，若专利授权不允许直接或间接透过您而取得重制物之人，以免付权利金的方式再散布该程序时，您唯一能同时满足该义务及本授权的方式就是彻底避免进行该程序的散布。

　　若本条任一部份在特殊情况下被认定无效或无法执行时，本条其余部分仍应适用，且本条全部于其他情况下仍应适用。

　　本条的目的并不在诱使您侵害专利或其他财产权的权利主张，或就此类主张的有效性加以争执；本条的唯一目的，是在保障藉由公共授权惯例所执行自由 软件散布系统的完整性。许多人信赖该系统一贯使用的应用程序，而对经由此系统散布的大量软件有相当多的贡献；作者／贡献者有权决定他或她是否希望经由其他 的系统散布软件，而被授权人则无该种选择权。

　　本条的用意在于将本授权其他不确定的部分彻底解释清楚。

　　 8.若因为专利或享有著作权保护的接口问题，而使得本程序的散布与／或使用局限于某些国家时，则将本程序置于本授权规范之下的原著作权人得增列明确的散布 地区限制条款，将该等国家排除在外，而使散布的许可只限在未受排除的国家之内或之中。在该等情况下，该限制条款如同以书面方式订定于本授权内容中，而成为 本授权的条款。

　　9.自由软件基金会得随时发表通用公共授权的修正版与／或新版本。新版本在精神上将近似于目前的版本，然而在细节上或所不同以因应新的问题或状况。

　　每一个版本都有个别的版本号码。若本程序指定有授权版本号码，表示其适用该版本或是“任何新版本”时，您得选择遵循该版本或任何由自由软件基金会日后所发表新版本的条款与条件。若本程序并未指定授权版本号码时，您便得选择任一自由软件基金会所发表的版本。

　　 10.若您想将部分本程序纳入其他自由程序，而其散布的条件有所不同时，请写信取得作者的许可。若为自由软件基金会享有著作权的软件，请写信至自由软件基 金会；我们有时会以例外方式予以处理。我们的决定取决于两项目标：确保我们自由软件的所有衍生著作均维持在自由的状态，并广泛地促进软件的分享与再利用。

无担保声明
　　11.由于本程序系无偿授权，因此在法律许可范围内，本授权对本程序并不负担保责任。非经书面声明，著作权人与／或其他提供程序之人，无论明示 或默示，均系依“现况”提供本程序而并无任何形式的担保责任，其包括但不限于，就适售性以及特定目的的适用性为默示性担保。有关本程序品质与效能的全部风 险悉由您承担。如本程序被证明有瑕疵，您应承担所有服务、修复或改正的费用。
　　 12.非经法律要求或书面同意，任何著作权人或任何可能依前述方式修改与／或散布本程序者，对于您因为使用或不能使用本程序所造成的一般性、特殊性、意外 性或间接性损失，不负任何责任（包括但不限于，资料损失，资料执行不精确，或应由您或第三人承担的损失，或本程序无法与其他程序运作等），即便前述的著作 权人或其他人已被告知该等损失的可能性时，亦同。

　　 条文结束。

您的新程序该如何采用这些条款？
　　如果您开发了一个新程序，并且希望能够让它尽可能地被大众使用，达成此目的的最好方式就是让它成为自由软件，任何人依这些条款规定都能就该软件再为散布及修改。

　　为了做到这一点，请将以下声明附加到程序上。最安全的作法，是将声明放在每份源码文件的起始处，以有效传达无担保责任的信息；且每份文件至少应有“著作权”列以及本份声明全文位置的提示。

　　〈用一行描述程序的名称与其用途简述〉
　　著作权所有(c) 〈年份〉〈作者姓名〉

　　本程序为自由软件；您可依据自由软件基金会所发表的GNU通用公共授权条款规定，就本程序再为散布与／或修改；无论您依据的是本授权的第二版或（您自行选择的）任一日后发行的版本。

　　本程序系基于使用目的而加以散布，然而不负任何担保责任；亦无对适售性或特定目的适用性所为的默示性担保。详情请参照GNU通用公共授权。

　　您应已收到附随于本程序的GNU通用公共授权的副本；
　　如无，请写信至自由软件基金会：
59 Temple Place ?C Suite 330, Boston, Ma 02111-1307, USA。

同时附上如何以电子及书面信件与您联络的信息。
　　 若程序是以互动方式运作时，请在互动式模式开始时，输出简短提示如下：

Gnomovision 第69版，著作权所有 (c) 年份 作者姓名
Gnomovision不负担保责任，欲知详情请键入“show w”。
这是一个自由软件，欢迎您在特定条件下再散布本程序；欲知详情请键入“show c”。
所假设的指令“show w”与“show c”应显示通用公共授权的相对应条款。当然，您可以使用“show w”与“show c”以外的指令名称；甚至以鼠标键击或选单方式进行—只要是合于您程序需要的方式都可以。
　　 如有需要，您亦应取得您的雇主（若您的工作为程序设计师）或学校就本程序所签署的“著作权放弃承诺书”。其范例如下，您只要修改姓名即可：

　　 Yoyodyne公司，兹此放弃James Hacker所写之”Gnomovision”程序（该程序产出编译器所需信息）所有的著作权利益。
〈Ty Coon公司签章〉，1989年四月一日
Ty Coon公司副总裁

　　本通用公共授权并不允许您将本程序并入专有程序中。若您的程序是一子程序函数库时，您可能认为允许专有应用程序与该函数库相连接会更有帮助。若这是您所想做的，请使用GNU函数库通用公共授权代替本授权。

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